Pennsylvania Penalties

LICENSE SUSPENSIONS

Listed below are excerpts fiom the Pennsylvania Motor Vehicle Code outlining the law pertaining to the Surrender of Driver's Licenses and when the Credit for Suspensions on certain offenses will begin. These laws are effective immediately. Also listed below are some examples of the effects of these laws on the DUI offender which should be considered before you andlor your attorney request a particular way of serving a sentence if found guilty of Driving Under the Influence.

PENNSYLVANIA MOTOR VEHICLE CODE

Subsection 1540. Surrender of license
(a) Conviction of offense - Upon a conviction by a court of competent jurisdiction for any offense which calls for mandatory suspension in accordance with section 1532 (relating to suspension of operating privilege), the court or the District Attorney shall require the surrender of any driver's license then held by the defendant and shall forward the driver's license together with a record of the conviction to the department. . . . .

Subsection 1541.Period of revocation or suspension of operating. privilege.
(a. 1) Credit toward serving period of suspension for certain violations. Credit toward serving the period of suspension or-revocation imposed for sections 3802 (relating to driving under the influence of alcohol or controlled substance); 3732 (relating to homicide by vehicle); 3735 (relating to homicide by vehicle while driving under the influence); and 3735.1 (relating to aggravated assault by vehicle while driving under the influence) SHALL NOT COMMENCE UNTIL THE DATE OF THE PERSON'S RELEASE FROM PRISON (Added by L. 1998, Act 15 1 (16), effective 12-21-99).

Credit towards a license suspension will be given from the date of surrender but will NOT include credit for all days of incarceration.

PennDOT is notified by the Clerk of Courts as to compliance with ACT 15 1 and the form requires an "in" and "out" date and a total time of incarceration.